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(영문) 인천지방법원 2018.09.13 2018노2437
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an imprisonment of one year and four months, confiscation, confiscation, 209,00 additional collection) is too unreasonable.

2. It is recognized that the Defendant recognized the entirety of the instant crimes and reflected his mistake, and that the health status is not good.

However, the crime of this case committed not only two philophone medications, but also up to about about 18g marijuana, by the defendant committed each of the crimes of smoking 3 mariths.

Considering the fact that the nature of the crime is poor due to the discovered case, the addiction of narcotics, the harm caused by the administration of narcotics, etc., it is necessary to strictly punish and eradicate the narcotics crime, and the result of the maternity appraisal is deemed that the degree of the defendant's drug addiction seems not to be less than that of training, in light of the reaction caused by phiphones and marijuana, and the defendant had the record of being subject to criminal punishment several times due to the crime of narcotics, and the defendant has committed the crime of this case even though he was released from the prison after being sentenced to a punishment for the crime of narcotics, even though he was under the repeated crime, regardless of the period of the repeated crime, and other factors such as the defendant's age, sex, environment, means and methods of crime, results, etc., equality of sentencing with the same or similar sentencing conditions as shown in the arguments, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it cannot be said that the punishment imposed by the court below is unfair because it is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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